INTRODUCTION
As traditionally defined, labour law includes the relationship between unions, employers, and employees. Labour laws provide for the right of unionization for employees in certain occupations and allow the engagement of employers and employees in certain workplace-related activities, for example, strike action and lockouts, to further their demands for change in the employer-employee relationship.
Considering labour and employment law alongside more easily recognizable disciplines, such as environmental law, education law, and health law, law students and attorneys can be put off by the vagueness of the term. Nevertheless, employment and labour law remains a very versatile field that frequently challenges issues from other legal disciplines.
Lawyers can represent clients in a variety of different cases in a variety of sectors, as, there are a wide range of specializations available, including labour and employment law.
In the workplace, such attorneys provide employers and employees with important legal advice. The steps you can take in your pursuit of becoming a labour lawyer can help you achieve a fulfilling career in labour and employment law.
OVERVIEW OF LABOUR LAW
Under the Constitution of India, the topic “Labour” is in the Concurrent List, which means both the Central and State Governments are authorized to enact legislation, subject, however, to certain matters reserved for the Central Government.
Concerning creating a healthy work environment for higher productivity and production, as well as developing and coordinating vocational skill training and employment services, the Ministry of Labour and Employment seeks to protect and safeguard the interests of workers in general, and those who are poor, deprived, and disadvantaged.
Besides liberalization, the government also aims to promote welfare programs and provide social security to the working class in both the organised and unorganized sectors. As a result, the enactment and implementation of various labour laws are sought to accomplish these objectives. These laws regulate the terms of service and employment of workers.
In India, labour policy has evolved in response to specific conditions to suit planned economic development and social justice. It has two objectives, i.e., maintaining industrial peace and promoting the welfare of labour. However, there are three aspects of labour law:
- In the industrial relations field,
- Workplace Health and safety, and
- Standards of employment.
Labour law in India is governed by more than a hundred laws. Hence, it is important to know how labour laws are classified when trying to understand them. The following are the classification:
- For industrial relations: The Industrial Disputes Act, 1947, the Trade Unions Act, 1926.
- For remuneration- payment, deduction and related issues: Payment of Wages Act, 1936, Minimum Wages Act, 1948.
- For social security of the employees: Employee’s Compensation Act, 1923, Employees’ State Insurance Act, 1948
- For nature and conditions of service and employment: Factories Act, 1948, The Industrial Employment (Standing Orders) Act, 1946.
- For issues of gender equality and women empowerment: Equal Remuneration Act, 1976, Maternity Benefits Act, 1961.
- For the prohibition of social evils: Child Labour (Prohibition & Regulation) Act, 1986, Sexual Harassment at the Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- For employment and training of the employees: Apprentices Act, 1961.
ROLE OF A LABOUR LAWYER
The work of labour and employment lawyers entails advising clients on different issues. For example, they assist employers and employees with collective bargaining.
In the course of representing their clients, concerning disputes regarding any of the related workplace matters or incidental thereto. The following are some of the matters which labour and employment lawyers practice and represent their clients accordingly:
- Safety in the workplace
- Privacy concerns
- Contract issues
- Negotiating
- Compensation and wages
- Employee benefits
- Application process
- Procedures for disciplinary action
- Recruitment
- Termination of employment
- Unlawful discrimination
- Harassment
- Working overtime
Labour lawyers have a variety of responsibilities as they try to resolve such matters. These include:
- Conduct an employment contract review,
- Assist clients in understanding their rights,
- Provide legal recourse recommendations,
- Provide mediation between employers and employees, and
- If applicable, help clients with civil lawsuits in civil court.
A labour and employment lawyer’s role is to provide preventative counsel in cases where they represent employers. In other words, they can assist employers in understanding employment law and fostering a safe and compliant work environment.
A labour lawyer can assist employees with drafting policies and procedures that comply with central and state employment regulations, to mitigate the likelihood of future discrepancy. In this kind of preventative work, employees are protected from legal issues and workplace conflicts are minimized.
THE SKILLS
A labour and employment lawyer needs to have a range of specific skills and a solid foundation of knowledge to be successful in their field. In your journey to become a labour and employment lawyer, you shall/may focus on developing the following skills:
- Communicative skills.
- Analytical abilities.
- Ability to perform extensive legal research on complex statutes.
- Creative abilities.
- Judgment.
- Consistency.
- Flexibility in work.
- Self-reliance.
- Time management.
- Professionalism/Business and corporate skills.
WORK TYPES
The responsibilities of attorneys practising in labour and employment law may vary widely. In many ways, labour attorneys do the same kind of work, including litigation, mediation, advocacy, organizing, regulatory work, and legal advising.
Therefore, in the process of creating your career path, it is important to choose an environment in which you will have a mix of work that meets your needs. The following are some of the areas where labour lawyers can practise:
- LITIGATION:
Litigation often plays an important role in labour and employment law. Lawyers can assist in numerous ways, from conducting complex research to preparing pleadings, briefs, and motions for trial and appellate courts.
Lawyers from labour law firms typically handle union litigation on behalf of in-house union lawyers. As opposed to representing individual union members in court, labour law attorneys represent unions as a whole.
Individual employees and employee groups file class-action lawsuits with such lawyers. A lawyer’s litigation workload and resources will determine what portion of his or her practice is dedicated to litigation at any given time.
- ALTERNATIVE DISPUTE RESOLUTION:
Labour and employment practices like mediation, negotiation, and arbitration are also well-known. Alternate dispute resolution (“ADR”) lawyers have differing roles in each subsection of the field, but they predominantly deal with issues arising from employment contracts.
ADR in labour law often involves union and employer arbitration in contract cases involving alleged breaches of collective bargaining agreements. An arbitration process is a way of resolving a dispute outside of the legal system, but the skills needed for it and the process are similar to the litigation field.
In negotiations, both parties aim to reach a positive conclusion. During such negotiations, the attorneys may help by reading complex legal documents and explaining their contents to employees or by negotiating a better severance package with them.
Mediators facilitate discussion in mediation, a process similar to negotiation. Mediation services are available to lawyers for disputes in the employment and labour fields, including issues of sexual harassment, defamation, and wrongful termination.
- POLICY ADVOCACY:
A labour and employment lawyer’s advocacy work is also interesting and dynamic. A variety of responsibilities are assumed by attorneys performing such work to successfully lobby legislators and regulatory agencies to adopt particular policies and laws.
In addition, they can be expected to meet directly with individuals affected by workplace issues, gauge their needs, evaluate past and current cases, draft legislative and regulatory overviews and provide feedback on draft legislation or regulations.
- RULEMAKING AND REGULATORY ENFORCEMENT:
The government agencies frequently engage lawyers who specialize in labour and employment law as part of two very important functions, i.e., rulemaking and enforcement of regulations.
In providing these functions, lawyers make sure a proposed rule is legally sound, logical, and substantively correct. They also provide legal advice to agency staff and administrative officials. Moreover, lawyers may be asked to participate in regulatory hearings and to examine public comments on proposed regulations.
- ADVISING ON LEGAL ISSUES:
Legal advice provided by labour and employment lawyers can cover a wide range of subjects, based on the particular area of practice. For example:
- In some cases, labour lawyers working for unions can advise the union concerning labour strikes, etc.
- While labour lawyers who work for government agencies can advise officials whether to regulate a specific type of workplace conduct.
- In addition to providing legal guidance to individual workers, labour lawyers also provide legal advice to employers on a wide range of issues, from background checks to discrimination claims.
THE PREPARATION
Competition is growing immensely within this field. Therefore, starting to plan your career in one or both of these fields early in law school is advantageous. The following are some essential tips:
- ASSESSING PRIOR EXPERIENCE:
Often, employers assess your prior work experience in the field of labour law. Hence, it is imperative to have an essential amount of work experience in this field, as a part of past internships or jobs.
Try to highlight your college or law school experience, as well as your volunteer work and past employment experience, in case there was any engagement with labour or employment issues.
- ANALYZE GOALS:
When thinking about your career, you should consider many important factors. Decide on the type of work, the practice setting, and the issue areas that could be of interest to you. The ideal situation is to be able to pursue the area of law that most excite you, the practice setting that you are most comfortable in, and the type of work that most suits your interests.
It is advantageous, however, because postgraduate positions are heavily competitive, to identify which of the components above you can be more or less flexible about. Make sure to consider broadly the principles and issues you are most passionate about, for example, workers’/civil rights.
- RESEARCH:
Learn as much as you can about the labour and employment law issues handled by the lawyers in different organizations. If you are interested in particular organizations, you can set up informational interviews with attorneys. As you go through this process, you will become increasingly knowledgeable about the local job market and learn how to apply for jobs.
- NETWORKING:
Networking is the most crucial aspect of the life of lawyers. Early preparation is key. Avoid starting the process of networking while you are still applying for jobs. You will have a greater chance of landing a job doing what you want to do when you form stronger relationships before embarking on your job search.
Ask as many questions as you can when you meet someone with a career path that interests you about how they got where they are and what most helped them to get there.
Further, maintaining contact with attorneys you worked with during summers, clinics, or externships is important. Contacts that you develop through internships, extracurricular activities and other experiences can be used to gather information about the field and explore job opportunities.
HOW TO BECOME A LABOUR LAWYER?
A labour lawyer advises employers and employees on labour relations and employment law. They may represent private or public sector employers, labour unions, or individual employees.
Employment law (which regulates more broadly legal matters concerning the workplace, such as health and safety and discrimination) differs technically from labour law, whose focus is most usually on relations between unionized employees, their unions, and their employers. These two areas overlap, however, considerably in practice.
It is equally easy to become a labour lawyer as it is to study any other particular area of law, until the point of selecting which field of law you wish to pursue. The various sub-divisions of law are taught during a bachelor’s programme at a law school.
You will have to choose labour law as your field of specialization after your basic bachelor’s degree (BA LL.B or BBA LL.B) is completed and seek internships as many as you can to gain the practical experience you need to become a full-fledged labour attorney.
YLCC would like to thank Nikunj Arora for his valuable contribution in this article.
